The Paternity Benefit changes again as of this January. New” parents will be entitled to 12 weeks of paternity. This break will also apply in cases of adoption and foster care. The aim is to equalise maternity and paternity leave in 2021, with both being extended to 16 weeks.
Requirements for paternity leave
The requirements that you have to meet as an employee or self-employed person in order to be able to take leave and the resulting paternity benefit are
- To be registered with the Social Security and to be up to date with your payments.
- Notify the birth (adoption or fostering) within the first 15 days of the baby’s life at a Social Security office or online at your own website.
- To have paid a minimum of 180 days of contributions during the 7 years prior to the time of the request for cancellation, or 360 days throughout your working life.
To notify the birth you need the ID card, the medical report of the birth, the family book or the certification of the registration in the Civil Registry of the baby. Also the completion of the corresponding form from the Social Security, the document of activity situation in which it will be stated that you are autonomous and the account number in which the payment must be made.
In the case of adoption or foster care, the judicial resolution must be presented.
How much will you receive
This is a measure that aims to promote family reconciliation, alleviating the lack of income in the first days of the new child while both parents are in their care.
So, this is why a benefit equivalent to 100% of the regulatory base established for the temporary disability benefit is charged. This would correspond to your contribution base.
The way in which this paternity leave must be taken is as follows:
- of the 12 weeks that you are on leave, you are obliged to take 4 weeks off immediately after the birth of the child, and to do so full-time.
Weekly and part-time leave
To enjoy the time that exceeds 4 weeks of rest immediately following birth, there are several options:
- The first is to continue with the leave, uninterrupted, the next 8 weeks you have left. In this case, the mother can even give up 2 more weeks of her maternity leave. So the self-employed person on paternity leave would have a total of 10 more weeks.
- The second option is to make use of this remaining time in several periods of time. And always during the first year of the child’s life. In fact, if this is not done in the first 12 months of life, the remaining time is lost. You can apply for leave by the week and giving prior notice of the chosen periods. And full-time or part-time (in this case, the amount is reduced proportionally).
If you have any doubts, we will be happy to help you, do not hesitate to contact us.